FiTUA: Jurnal Studi Islam

REKONSTRUKSI DAN ADAPTABILITAS TEORI PERTINGKATAN NORMA DALAM IJTIHAD PENEMUAN HUKUM ISLAM

2024-12-13T00:06:48+00:00

This research seeks to examine in depth the deepening and reconstruction of the theoretical concepts of norm development and legal discovery. This research will use a qualitative research method with a type of literature study that analyzes pre-existing theories, concepts and phenomena. The results of the research can be formulated as follows: first, Islamic law has a structure of levels of legal norms, but the validity of Islamic legal norms (syar'i law) is not formal validity which is determined by a higher norm underlying the creation of these norms, as is the theory of the formal validity of legal norms. Second, there are three hierarchical levels of basic norms in Islamic law 1). al-mabadi' al-asasiyyah/al-qiyam al-asasiyyah (basic principles of Islamic law/basic values of Islamic law), 2). al-usul al-kulliyyah (general principles/general principles of Islamic law), 3). al-ahkam al-far'iyyah /al-furu’ (detailed/concrete legal provisions). Third, the existence of a theory of increasing norms in Islamic law can answer the problems of Islamic law which are not only seen in taklifi and wad'i law which are concrete sharia law, but must be seen from the perspective of general principles of law and universal principles so that it can answer the problems of all people.

INDONESIAN SMART SUKUK MODEL: OPPORTUNITIES AND CHALLENGES

2024-12-12T22:47:11+00:00

Micro, Small and Medium Enterprises (MSMEs) have long been the backbone of the Indonesian economy. Recent research shows that Sukuk can be a financing solution for MSMEs. However, the cost of Sukuk is higher than bonds in general, thus burdening MSMEs as issuers. The issue of issuance costs can be fixed through blockchain-based smart contract technology called smart Sukuk. This study aims to describe smart Sukuk's opportunities and the challenges it faces in its implementation in Indonesia. Several research has been done discussing Smart Sukuk and the general challenges of issuing Sukuk on the blockchain. This research focuses on the opportunities and challenges of issuing smart Sukuk and its implementation in Indonesia. The approach used in this study is a qualitative research method with a literature study. The findings show that several factors support the potential of smart Sukuk instruments in Indonesia, namely increased internet penetration, the Muslim population, an increase in young investors and a large number of MSMEs and their contribution to Indonesia's Gross Domestic Product. At the same time, the challenges in developing this evolutionary technology in Indonesia are the underlying regulations that have yet to be formed, unclear tax treatment, the tenor of Sukuk, liquidity risk, and cyber risk that are not evenly distributed.

ANALISIS YURISPRUDENSI PUTUSAN PENGADILAN AGAMA: GUGATAN PERCERAIAN KARENA TIDAK MEMILIKI KETURUNAN

2024-12-12T22:47:11+00:00

This study aims to analyze the sitting of the case and the judge's consideration and indication of the jurisprudence of religious court decisions regarding divorce due to the absence of children. The method used in this research is library research. Based on the analysis conducted, the judge in deciding this case paid attention to the formal and material requirements. For formal requirements, the judge considers that the divorce has fulfilled the elements stipulated in Government Regulation Number 9 of 1975 concerning the Implementation of the Marriage Law. In addition, judges consider the lawsuit or petition including witness testimony when determining material requirements. In considering their decision, the judges referred to relevant laws and regulations, Supreme Court jurisprudence, and applied legal istinrarbath by referring to the Qur'an, fiqh literature, and Dutch heritage laws such as R.Bg. and HIR. In four cases, there were three jurisprudences used by the judges, namely Supreme Court Jurisprudence Number 28PK.AG/1995 dated October 16, 1996, Supreme Court Jurisprudence Number: 379K/AG/1995 dated March 26, 1997, and Supreme Court Jurisprudence Number: 78K/AG/1999 dated October 20, 2000.

KESEIMBANGAN DAN KEADILAN EKONOMI ERA SOCIETY 5.0 PADA PERSPEKTIF MAQASID SYARIAH

2024-12-12T22:47:11+00:00

The Society 5.0 era presents both challenges and opportunities that are crucial in the study of technological advancements, offering the potential for increased efficiency, productivity, and innovation across various economic sectors. However, this smart technology can also create economic disparities, including access to and the ability to use technology, as well as economic balance related to distribution and income. This research also adopts a Sharia-based perspective as its conceptual framework. This paper will analyze the challenges and opportunities in achieving economic balance and justice in the Society 5.0 era, identifying strategies, policies, and implementations to create a fair and sustainable economic system in this digital transformation era. The methods used include literature studies, conceptual analysis, and case studies related to the application of Sharia principles in the context of the Society 5.0 economy. The results of this research show that economic balance refers to a condition where various elements in the economic field are in a state of equilibrium and harmony. This includes balance in supply and demand, balance in inflation and deflation, and income balance. Economic justice encompasses distributive justice, procedural justice, and compensatory justice. Economic balance and justice are essential goals to achieve stability, prosperity, and social welfare in a society.

INTEGRASI NILAI-NILAI KEISLAMAN DALAM TRADISI SAKAI SAMBAIAN PADA MASYARAKAT LAMPUNG : STUDI LIVING QUR’AN

2024-12-13T00:15:53+00:00

This research is aimed at describing the Sakai Sambaian tradition that exists in Lampung society and to look at the religious arguments regarding musawah wa mahabbah that are implied in the Sakai Sambaian tradition. The research method used in this research is qualitative with a phenomenological type. In the phenomenological concept in this research, the living Qur'an theory is used to describe the religious postulates implicit in the Sakai Sambaian tradition. The result of this study is that the Sakai Sambaian tradition carried out by the people of Lampung is carried out when a resident holds a big event such as the demolition of fields or rice fields, the construction of houses and weddings. Then the religious postulates that show the values to Islam in the tradition are implied in the Sakai Sambaian activity which has 3 activity patterns, namely; 1) Sakai Sambaian is done sincerely without any strings attached, 2) Sakai Sambaian is done by all citizens regardless of ethnicity, race and religion and 3) Sakai Sambaian is done as proof of gratitude for the blessings given.

KEPUTUSAN TIDAK MENIKAH DAN TIDAK MEMILIKI ANAK DI KOREA SELATAN DIADOPSI MUSLIM SAAT INI

2024-12-12T22:51:23+00:00

This study aims to analyze the factors influencing the decision to remain unmarried, childfree, and childless within the Muslim community in South Korea, focusing on socio-demographic perspectives and Islamic legal views. South Korea's low fertility rate of 0.78 children per woman by 2022 is the main background of this research, which explores the phenomenon of changing family structures amid contemporary economic and social complexities. The research method uses a descriptive-analytical approach with data collection techniques through literature study, in-depth interviews, and document analysis from official sources such as the Organization for Economic Co-operation and Development and worldometers. Demographic and statistical data were analyzed comparatively with reference to Islamic normative perspectives. The results identified four main typologies in the family phenomenon: (1) single individuals who reject marriage due to economic and social concerns, (2) a preference for adoption over having biological children, (3) couples who experience childlessness due to procrastination, and (4) the childfree decision as a conscious choice. The study of Islamic law shows the flexibility of the four madhhabs in viewing postponement of pregnancy, provided that it does not violate reproductive and spiritual principles. The research concludes that the choice of childfree or childless is a complex response to socio-economic uncertainty, which requires mathematical planning.

DISKURSUS TEOLOGI QADARIAYAH DAN JABARIAH : TAWAKAL DALAM TINJUAN FILOSOFIS DAN SURVEY MASYARAKAT MODERN

2024-12-12T22:52:37+00:00

This study examines the concept of tawakkul (trust in Allah) from the perspective of Islamic theology, specifically through the views of Qadariyah and Jabariyah, as well as its application in modern society. Tawakkul is defined as a balance between maximal effort (ikhtiar) and full reliance on Allah SWT. Using a multidisciplinary approach, this research includes an analysis of Qur'anic verses such as QS Ali Imran: 159 and QS At-Talaq: 3, along with a survey on the understanding of tawakkul among modern individuals aged 17–45. The aim is to explore the understanding of tawakkul in various aspects of life, including the workplace, stress management, and social relationships. The survey results reveal that 84.2% of respondents perceive tawakkul as a combination of effort and reliance, while 52.6% believe that tawakkul can help manage stress and enhance solidarity. The study finds that while Qadariyah emphasizes human free will and Jabariyah prioritizes divine predestination, both share the same ultimate goal of glorifying Allah. Furthermore, the research suggests that a moderate approach between these two theological perspectives is more relevant in addressing modern challenges such as social anxiety and workplace dynamics. By proposing an adaptive concept of tawakkul, this study contributes to improving the mental and spiritual well-being of Muslims in contemporary times.